In 2008, the Tennessee legislature passed a law that requires that all vote-counting machines used in the state by 2010 must provide for a paper trail. However, almost all counties in Tennessee now use electronic vote-counting equipment that does not provide a paper trail. On October 1, 2009, Common Cause of Tennessee had sued the Secretary of State to force him to start buying vote-counting equipment that satisfies the law. The case is Thompson v Hargett, Davidson Co. Chancery Court, 09-1882-IV. UPDATE: here is interesting commentary about this decision from November 7.

On November 6, Chancery Court Judge Russell Perkins said he would not issue an injunction in this case at this time, but his order also says “The court is concerned about some of the slow progress that appears to be associated with this particular Act.” The order also casts doubt on the Secretary of State’s contention that no machines are for sale that comply with the Act. The Secretary of State is expected to ask the 2010 session of the legislature to repeal to 2008 Act. The legislature considered repealing it during the 2009 session, but did not do so.